Cunliffe & Anor v The Commonwealth of Australia

In the High Court of Australia, the plaintiffs, represented by Mr S.J. Gageler, sought leave to amend their statement of claim and the case stated. The defendant, the Commonwealth of Australia, was represented by Mr D.J. Rose, QC, and Mr G.M. Aitken. The primary purpose of the proceedings was to introduce section 92 of the Constitution, concerning the freedom of intercourse between the States, as an additional ground for the plaintiffs' claim.

The legal issue before the Court was whether to grant the plaintiffs leave to amend their pleadings to include a claim based on section 92. This involved considering the wording of the proposed amendments, particularly in relation to the plaintiffs' intentions and the practicalities of asserting such a claim. The Court also addressed the timetable for the exchange of written submissions and the estimated length of the hearing, noting the potential impact of intervention by the States and Territories.

The Court granted leave to amend the statement of claim and the case stated in accordance with the agreed documents. His Honour directed that the plaintiffs file and serve revised comprehensive written submissions by 18 June, along with notices under section 78B of the Judiciary Act to the States and Territories. The defendant was to file and serve its revised submissions by 6 July. The hearing was scheduled for the August sittings, with an estimated duration of one to two days, and His Honour requested that counsel for the States coordinate their arguments to avoid repetition.